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HomeMy WebLinkAbout2011/06/21 Item 03~.,.,,_ >~. ~ CITY COUNCIL la AGENDA STATEMENT ~~ ,~ ~~ CITY OF CHUTA VISTA June 21, 2011 Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $17,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO AN ELIGIBLE PROJECT; AND (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR THE MANAGEMENT AND IMPLEMENTATION OF AN ELIGIBLE CDBG-R PROJECT WITH FAMILY HEALTH CENTERS OF SAN DIEGO; AND (3) AUTHORIZING A REALLOCATION OF $17,000 CDBG-R FUNDING APPROPRIATED TO THE "FAMILY HEALTH CENTER CAPITAL IMPROVEMENT PROJECT." SUBMITTED BY: ASSISTANT CITY SERVICES DIRECTC ~ G. / DEVELOPMENT REVIEWED BY: 4/STHS VOTE: YES ~ NO SUMMARY The City of Chula Vista received one-time Community Development Block Grant Recovery Act (CDBG-R) funds from the Department of Housing and Urban Development (HUD) in 2009. On May 4, 2010, the City allocated $120,000 to the Family Health Center of San Diego (FHCSD) toward a capital improvement project at the Chula Vista Family Health Center located at 251 Landis. The City now desires to re-allocate $17,000 of CDBG-R funds at the request of (FHCSD). The reallocation will reduce the amount of CDBG-R funds to FHCSD's capital improvement project by $17,000. These funds would then be applied to the Kid Care Express Mobile Medical Unit (MMU) program. Therefore, a substantial amendment to the 2008-2009 Annual Action Plan is proposed to re-allocate the CDBG-R funds. CITY MANAGER 3-1 June 21, 2011, Item ~ Page 2 of 3 ENVIRONMENTAL REVIEW The Kid Care Express Mobile Medical Unit public services project is deemed exempt per the National Environmental Protection Act regulations. The Chula Vista Family Health Center capital project qualifies for a Categorical Exclusion (subject to 58.5) pursuant to Code of Federal Regulations (CFR) Title 24, Section 58.35(a). Thus no further NEPA environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION As a Department of Housing and Urban Development Entitlement Community, the City received Community Development Block Grant Recovery Act funds as a one-time allocation. The City desires to re-allocate CDBG-R funding at the request of FHCSD which requires a Substantial Amendment to the 2008-2009 Annual Action Plan (Attachment 1). On May 4, 2010, Council approved CDBG-R funding for Chula Vista Family Health Center Expansion project in the amount of $120,000. Additionally, on April 5, 2011, Council approved an amendment to FHCSD's contract for additional improvements due to the low bids received for the original project scope. At the May 3, 2011 Council meeting, FHCSD was facing a $17,000 reduction to the Kid Care Express Mobile Medical Unit (MMU) program because of a 16.2 percent reduction in Community Development Block Grant funding to the City for fiscal year 2011-2012. Council recommended staff meet with FHCSD staff to discuss the possibility of reducing the scope of work of the CDBG-R capital project and using these funds to bring the MMU program to its 2011-2012 level ($27,000). Since the additional work covered under the capital project has not begun, the scope of work can still be reduced to accommodate both projects. FHCSD supports revising the scope of work of the capital project in the amount of $17,000 so that these funds can be reprogrammed for the MMU program, bringing the funding level back to $27,000. The CDBG-R public services agreement is included as part of this report (Attachment 2). Continued on next page 3-2 -~ June 21, 2011, Item ~ Page 3 of 3 The following table (Table I) is a breakdown of the reallocation of CDBG-R funds: DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundazies of the properties which are the subject of this action. CURRENT FISCAL IMPACT The subject $17,000 of Federal grant funds aze already appropriated in the current fiscal year. The following table identifies the change in project allocation. Reduced Scope New Program Amount Chula Vista Family Health Kid Care Express Mobile Medical $17,000 Center Capital Project at 251 Unit (CDBG-R) Landis Total Finds to Be Reallocated $17,000 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as project and staff costs are covered by the grants. ATTACHMENTS Attachment 1: CDBG-R Substantial Amendment Attachment 2: Family Health Center of San Diego CDBG-R Contract for the Kid Care Express Mobile Medical Unit. Prepared by: Jose Dorado, Project Coordinator II, Development Servdces, Housing Division 3-3 ATTACHMENT 1 DRAFT City of Chula Vista Community Development Block Grant Recovery Act Program (CDBG-R) Substantial Amendment to the 2008/2009 Annual Action Plan Prepared by: 276 Fourth Avenue, Chula Vista, CA 91910 Telephone: (619) 476-5375 Facsimile: (619) 585-5698 www.ci.chula-vista.ca.us CDBG-R SUBSTANTIAL AMENDMENT Jurisdiction(s): Cit~of Chula Vista Jurisdiction Web Address: • www chulavistaca. ¢ov/cvrh CDBG-R Contact Person: Jose A. Dorado Address: 276 Fourth Avenue Telephone: 619-476-5375 Fax: 619-585-5698 Email: jdorado(cilci.chula-vista.ca.us ENSURING RESPONSIBLE SPENDING OF RECOVERYACT FUNDS Funding available under the Recovery Act has clear purposes - to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. HUD strongly urges grantees to use CDBG- R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to grantees, the Department strongly suggests that grantees incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG-R funding. A. SPREADSHEET FOR REPORTING PROPOSED CDBG-R ACTIVITIES Grantees must provide information concerning CDBG-R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format is available on HUD's recovery website at http://www.hud.QOV/recovery. PLEASE REFER TO ATTACHMENT 1 OF TH/S SUBSTANTIAL AMENDMENT 3-5 B. CDBG-R INFORMATION BYACTNITY (COMPLETE FOR EACHACTTVITYJ (1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet for' Reporting Proposed CDBG-R Activities -this will allow HUD to easily match activity narratives with the information provided in the spreadsheet.) - Fami[y Health Center of San Diego Kid Care Express Mobile Medicai Unit (2) Activity Narrative: In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's narrative must also state how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit in relation to the CDBG-R funds obligated, and will address the Recovery Act, by: • Preserving and creatingjobs and promoting economic recovery; • Assisting those most impacted by the recession; • Providing investment needed to increase economic efficiency; • Investing in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits; • Minimizing or avoiding reductions in essential services; or • Fostering energy independence. Response: The Family Health Center of San Diego's Kid Care Express Program preserves jobs that serve the low income communities. The availability of low cost health care to low income families continues to be a burden since so many persons are without employment and no longer have health care coverage. This project will spur economic growth by allowing low income residents to use the funds that would be spent on health services back into the economy. The unemployment rate in Chula Vista has grown substantially over the last year. Many industries have been affected by the downturn in the economy especially the construction industry due to the slowdown in new home construction and number of building permits issued. Many of these workers lost health care coverage. This CDBG-R project will provide employment, and will make a significant impact to low income residents by assisting those most impacted by the recession. This project also provides increased health care services, and fosters energy savings by accessing health care in neighborhoods. In addition, accessing health care at the mobile medical unit, persons are provided with information on various health care plans with some at little or no cost. Please refer to Attachment 1 for a more detailed description of the proposed activity 3-6 (3) Jobs Created: (Report the number of full- and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). Response: Activity - Jobs estimated created or retained per project (to the greatest extent feasible) are listed below: - Family Health Center of San Diego Aid Care Express Mobile Medical Unit 2 part time jobs retained (4) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) Not applicable. However, by bringing services to the neighborhood, the Kid Care Mobile Express Unit provides services without the need to drive to a different location. (5) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) - New: Family Health Center of San Diego Kid Care Express Mobile Medical Unit Contact: Jose A. Dorado, Project Coordinator City of Chula Vista Redevelopment and Housing 276 4`~ Avenue Chula Vista, CA 91910 T: 619-476-5375 F: 619-585-5698 Provide a summary of public comments received to the proposed CDBG-R Substantial Amendment. Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 7 calendar days for public comment. Response: City of Chula is undertaking a new public service activity. Reasonable notice is being provided for the public to comment on this proposed substantial amendment to the 2008/2009 Action Plan. A Public Notice for comments on the substantial amendment is being published in summary form in the Star News, the newspaper of general circulation for Chula Vista, on May 31, 2011 through June 7, 2011. The notice includes a 3-7 description of the contents and purpose of the substantial amendment. Copies of the proposed amendment are being made available at the City of Chula's Redevelopment and Housing website and office. Public comments received will be included in the final substantial amendment. C. A(ITHORIZEDSICNATURL By signing this application, I certify (1) to the statements contained in the list of certifications and (2) that the statements herein are true, complete, and accurate to the best of my knowledge. I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) Signature/Authorized Official City Manager Title Date 4 3-8 CDBG-R Mtlviry Oau apreaAM1ear Name'. City pi CAMla Viab (CDBG-R FOmvla Grant Amount. SSJS,133 Headb Center cl5an DiegoS IFHCSD) Kid Care s Mobile Metlical Un111MMUi program pmvitlea neetletl iaby primary M1ealO Bare services to law income antl ry a~eeraerved maem^ a^a meb Mmillea Wilma ue city a Vila. me MMU aa.a.e¢ all m me cuy er cows i eamrat bm mapae. o~ lowuaome ceaa~. now. mis br ui^aug me MMU m locana^¢ where maiae^a i ere. acmpm. meial aervme age^dea. a^d aloe porn^p Accecsibeity improaemenls li.e. ¢itlewalk, petleebian ra Park etc) along Ne copra sih of L Slreel nelween Fpum antl I y antl Avenues. Thic MII complela me petlestria^ access route (P along a Lily park M1onlage and W provitle Pmericen's /ae Diaabifbea Act<ompllanl acceca poMls fiom Ina PAR to w qi antl Indade4on of Pmerlcens ¢itb DICaGBnes Ad IADA) amps In CDBG eligible low antl motlemle income census s, ine ump locations have been seledetl udng In 90]01 (L) rtlance wilM1 lM1e glys ADA CUN CU1 Priorlry Gd, wfilcb Public atlopletl by Ciry Lcunul In Febmary POBR to uptlale Ina Improvemn Cnula Omla Fartkly Healln Cenle¢ Facility Eapansion Pm inwneea o^e dme u^ei^a m ca~aan a^ un~aee paman al dlni oornces and eaaminadon rooms. Tnis vnA increase dlnic ¢yuare loolege by ]00 square feet aXO¢ing Iw Family aeditiwal I pnyakians Ic lend to patients. M adtlidonal er penenls MA Carved, and mcwsibillry lmpmvemenls along Tbied 90.]00lelryl cmging w'i1n 5ANOAG [undo ($2m)xndo Acfivillec o[SflW,o000[Cily kedamlo I[undln M1c Bnneneng LOw Pms^ 81 a dMpderae e poly dulgned tram fl S.b ESL. but wnonW be Aa1o11C) Inmme m H51.lo Pak Way.CDBG$funds fundswill puNC Penom-Area i...nnl nna.. in Memm~leled cernaos lot A. Imwo+eme nenefil CDBG-R Substantial Amendment Grantee Checklist For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the CDBG-R Substantial Amendment, Spreadsheet for Reporting Proposed CDBG-R Activities, and SF-424. City of Chula Vista Lead Agency Jurisdiction V/eb Address: www chulavistaca.QOV/cvrh CDBG-R Contact Person: Jose A. Dorado Address: 276 Fourth Avenue Telephone: 619-476-5375 Fax: 619-585-5698 Email: jdorado(a)ci.chula-vista.ca.us The elements in the substantial amendment required for the CDBG recovery funds are: A. SPREADSHEET FOR REPORTING PROPOSED CDBGR ACTNITIES Does the submission contain a paper copy of the Spreadsheet for Reporting Proposed CDBG-R Activities? Yes® No^ Verification found on page Attachment 1 Does the submission include an electronic version of the Spreadsheet for Reporting Proposed CDBG-R Activities sent to the email box CDBG-R@hud.gov? Yes® No^ Date Spreadsheet was emailed: Does the Spreadsheet for Reporting Proposed CDBG-R Activities include, for each activity: • amount of funds budgeted for each activity, including CDBG-R funds, any additional Recovery Funds used and total activity budget, Yes® No^ Verification found on page(s) Attachment 1 • the Eligibility citation (eligibility regulatory cite or HCDA cite), Yes® No^ Verification found on page(s) Attachment 1 • the CDBG national objective citation, Yes® No^ Verification found on page(s) Attachment 1 3-10 B. CDBG-R INFORMATION BYACT/VITY Does the submission contain information by activity describing how the grantee will use the funds, including: • a narrative for each activity describing how CDBG-R funds will be used in a manner that maximizes job creation and economic benefit, Yes® No^ Verification found on page(s) 2_3 • projected number of jobs created for each activity, Yes® No^ Verification found on page(s) 2_3 • whether an activity will promote energy efficiency and conservation, Yes® No^ Verification found on page(s) 2_3 • the name, location, and contact information for the entity that will carry out the activity, Yes® No^ Verification found on page(s) 2_3 • evidence that no more than 10% of the grant amount will be spent on administration and planning, Yes^ No^ Verification found on page (s) N/A • evidence that no more than 15% of the grant amount will be spent on public services, Yes® No^ Verification found on page (s) Attachment 1 • evidence that at least 70% of the grant amount will benefit persons of low and moderate income, Yes® No^ Verification found on page (s) Attachment 1 C. PUBLIC COMMENT PERIOD Was the proposed action plan amendment published via the jurisdiction's usual methods and on the Internet for no less than 7 calendar days of public comment? Yes® No^. Verification found on page(s) 33=4 Is there a summary of citizen comments included in the final amendment? Yes® No^ Verification found on page(s) 3_4 D. CERTIF/CAT/ONS The following certifications are complete and accurate (1) Affirmatively furthering fair housing l Yes® Yes® No^ No^ (2) an Anti-displacement and relocation p Yes® No^ (3) Drug-free Workplace Yes® No^ (4) (5) Anti-lobbying Authority of jurisdiction Yes® No^ (6) Consistency with plan Yes® Yes No^ No^ (7) Section 3 3-11 (8) Community development plan Yes Yes ® ® No No ^ ^ (9) Following a plan (10) Use of Funds Yes ® No ^ (11) Excessive Force Yes ® No ^ (12) Compliance with anti-discrimination laws Yes ® No ^ (13) Lead-based paint procedures Yes ® No ^ (14) Compliance with laws Yes ® No ^ (15) Compliance with ARRA Yes ® No ^ (16) Project selection Yes ® No ^ (17) Timeliness of infrastructure investments Yes ® No ^ (18) Buy American provision Yes (19) Appropriate use of funds for infrastructure investments Yes ® ® No No ^ ^ (20) 70% of CDBG-R for LMI Yes ® No ^ Optional Certification (21) Urgent Need Yes^ No® D. STArECEerrF~cnTroNS NOTAPPLICABLE The following certifications are complete and accurate (1) Affirmatively furthering fair housing Yes Yes i l ^ ^ No No ^ ^ on p an (2) Anti-displacement and relocat Yes ^ No ^ (3) Drug-free Workplace Yes ^ No ^ (4) Anti-lobbying (5) Authority of State Yes ^ No ^ (6) Consistency with plan Yes Yes ^ ^ No No ^ ^ (7) Section 3 (8) Community development plan Yes ^ No ^ (9) Consultation with Local Governments Yes Yes ^ ^ No No ^ ^ (] 0) Use of Funds (11) Excessive Force Yes ^ No ^ (12) Compliance with anti-discrimination laws Yes ^ No ^ (13) Compliance with laws Yes ^ No ^ (14) Compliance with ARRA Yes Yes i ^ ^ No No ^ ^ on (15) Project select (16) Timeliness of infrastructure investments Yes ^ No ^ (17) Buy American provision Yes Yes t t i f ^ ^ No No ^ ^ men s nves rastructure (18) Appropriate use of funds for in I Yes ^ No ^ (19) 70% of CDBG-R for LM Optional Certification (20) Urgent Need Yes^ No^ 7 3-12 CERTIFICATIONS (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti-displacemeut and relocation plan. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section 104(d) of the housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under CDBG-R. (3) Drug Free Workplace. The jurisdiction will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by pazagraph l; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 3-13 (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. (4) Anti-lobbying. To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the awazd documents for all subawazds at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (6) Consistency with Plan. The housing activities to be undertaken with CDBG-R funds are consistent with its consolidated plan. (7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u), and implementing regulations at 24 CFR part 135. (8) Community development plan. The jurisdiction certifies that the consolidated housing and community development plan identifies housing and community development needs and specifies both short-term and long-term community development objectives that have been developed in accordance with the primary objective of the statute authorizing the CDBG program. (9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved by HUD. (10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority to activities that will benefit ]ow- and moderate-income families or aid in the prevention of slums or blight. Additional activities may be included that are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs It has complied with the following criteria: 3-14 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources aze not available); 2. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG-R funds by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee chazged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG-R funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with CDBG-R funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG-R funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG- R funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG-R funds. In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG-R funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment. (i l) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring enhance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. (12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. (13) Compliance with lead-based paint procedures. The activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. (14) Compliance with laws. The jurisdiction will comply with applicable laws. (15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the American Recovery and Reinvestment Act of 2009. (16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects that can award contracts based on bids within 120 days from the date the funds aze made available to the recipient, and that will ensure maximum job creation and economic benefit. (17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for infrastructure investments, the grantee will give preference to quick-start and finish activities, including a goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery Act. 3-15 (18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the project cost by more than 25 percent. (19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief executive, as appropriate certifies, that any infrastmcture investments have received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official certifies that infrastructure investments will receive the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. (20) 70% of CDBG-R for LMI. The aggregate use of CDBG-R funds shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for activities that benefit such persons over the life of the CDBG-R grant. Signature/Authorized Official Title Date 4 3-16 OPTIONAL CERTIFICATION CDBG-R Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): Where the urgent need is the current economic conditions, the grantee certifies that the activity is alleviating current economic conditions which pose a threat to the economic welfare of the community in which the activity is being carried out, the recipient is unable to finance the activity on its own, and other sources of funding are not available. Signature/Authorized Official City Manager Title Date 3-17 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. Googins City Attorney Dated: ~ ~~~~~ CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY FACILITIES BLOCK GRANT PROJECT-RECOVERY ACT BETWEEN FAMILY CENTERS OF SAN DIEGO, AND THE CITY OF CHULA VISTA FOR Chula Vista FAMILY HEALTH CARE CENTER EXPANSION 3-18 Attachment 2 CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT-RECOVERY ACT FAMILY CENTERS OF SAN DIEGO CHULA VISTA FAMILY HEALTH CENTER FACILITY EXPANSION This contract numbered is entered into by and between Family Health Centers of San Diego ("Contractor") and the City of Chula Vista ("City") on ("Effective Date") for the purpose of having Sub-recipient implement and perform work on the Organization-Project 2011- 2012 as set forth herein and in the incorporated documents and attachments. RECITALS WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "Act"), the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas; WHEREAS, the American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law on February 17th, 2009. The Recovery Act appropriated $1 billion in Community Development Block Grant (CDBG) funding to states and local governments to carry out, on an expedited basis, eligible activities under the CDBG program. This grant program under the Recovery Act is referred to as the CDBG Recovery (CDBG-R) program; WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant Recovery Act funds; WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Substantial Amendment to the 2008- 2009 Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); WHEREAS, HUD has approved the City's Substantial Amendment to the 2008-2009 Annual Funding Plan for Community Development Block Grant Recovery Act funds; WHEREAS, it is the desire of the Contractor and the City that the Project be implemented by the Contractor; WHEREAS, the Contractor shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Substantial Amendment for participation in the CDBG-R Program; WHEREAS, the Catalog of Federal Domestic Assistance number for CDBG-R funding is 14.253 and shall be communicated to all Contractors and included in all contracts and subcontracts related to the CDBG-R funds; and ZU1 l-GU1L Cutsv-x ~onffaci 3-1 9 Page 1 of20 WHEREAS, Contractor warrants and represents that they aze experienced and staffed in a manner such that they are and can deliver the services required of Contractor to City within the time frames herein provided all in accordance with the terms and conditions of this contract. NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: All of the Recitals above aze hereby incorporated into this Agreement. ARTICLE L CONTRACTOR OBLIGATIONS A. General. Work to be Performed. Contractor shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding Plan. The Annual Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The obligations undertaken by Contractor include, but are not limited to, the obligation to, as applicable, comply with each of the following as maybe amended from time to time: a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC § 5301, et seq.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, et seq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 1701u. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): 2011-2012 CDBG-R Contract 3-2 ~ Page 2 of 20 i. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HiJD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they aze under no contractual or other impediment that would prevent them from complying with the part 135 regulations. iii. The Contractor agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bazgaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. iv. The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any sub-contractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. v. The Contractor will certify that any vacant employment positions, including training positions, that aze filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result 2011-2012 Cllt3U-K l:ontract 3-2~ Page3 ofZO in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). £ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC § 4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Office of Management and Budget ("OMB") Circulaz A-122 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Circulaz A- 110entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations;" h. Grant administration requirements as described in24 CFR 570.504, which requires Contractor to return any program income earned by Contractor in carrying out the activities of this contract to the City. Upon expiration of this contract, Contractor shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Contractor control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be: i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five yeazs after expiration ofthe contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures ofnon-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required after the five-year period pursuant to 24 CFR 570.505. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant 2011-2012 CllBG-K Contract 3- 2 2 Page 4 of 20 Program eligibility requirements, 24 CFR 570.489, and provisions of this contract; i. 24 CFR 570.505 concerning use of real property; j. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; k. The Labor Standards Regulations set forth in 24 CFR 570.603; 1. Labor Code section 1771 concerning prevailing wages; m. The Hatch Act relating to the conduct of political activities (5 U.S.C. § 1501, et seq.); n. The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, et seq., and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act (42 U.S.C. § 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6); q. The Drug-Free Workplace Act of 1988 (Public Law 100-690); r. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazazd Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; s. No member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one yeaz thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; t. The Contractor certifies, that in accordance with Section 319 ofPublic Law 101-121, to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to 2011-2012 CllBG-K Conu-act 3-23 Page 5 0£20 influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standazd Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; u. The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.); v. The Americans with Disabilities Act (42 U.S.C. § 12101); w. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 4l U.S.C. 403(11)). These requirements are further described in Insurance Requirements, which is attached hereto and incorporated by reference; x . Prior to awazd of any contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; y. All grantees, sub-recipients and contractors desiring to participate in the CDBG-R program must obtain a Data Universal Numbering System (DUNS) number. A DUNS number may be requested via the web at: http://www.grants.gov/applicants/request duns numberjsp. Title XV, Section 1512 of the Recovery Act states that funding recipients that are required to report information per subsection (c)(4) of the Recovery Act (detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 allowing aggregate reporting on awards below $25,000 or to individuals) must register with the Central Contractor Registration (CCR) database. z. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP"); aa. Contractor shall comply with and make good faith and reasonable efforts to carry out 2011-2012 CDBG-R Contract 3-24 Page 6 of 20 the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises ("MBE") and Executive Order 12138 related to participation in federal programs by Women's Business Enterprises ("WBE"); and bb. Contractor shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Sub-recipient to comply with the requirements of any such obligation. B. Compliance with Laws. Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this contract. Contractor shall require sub-contractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this contract. C. Insurance. Contractor agrees to comply with the insurance requirements as set forth below: 1. General. Contractor must procure and maintain, during the period ofperformance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: (a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (c) WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (d) E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Sub-recipient must maintain limits no less than those included in the table below: i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this 2011-2012 CDBG-R Contract 3 - 2 5 Page 7 of 20 completed project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liabili $1,000,000 disease-each em to ee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liabili 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declazed to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Sub-recipient will provide a financial guazantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf ofthe Contractor, where applicable, and, with respect to liability aiising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primary Insurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance orself-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the 2011-2012 CDBG-R Contract 3_26 Page 8 of20 insurance of the Sub-recipient and in no way relieves the Sub-recipient from its responsibility to provide insurance. (c) Cancellation. The insurance policies required must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. (d) Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver of Subrogation. Contractor insurer will provide a Waiver of Subrogation in favor ofthe City for each required policy providing coverage for the term required by this contract. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (a) Retro Date. The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Sub-recipient must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (d) Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Contractor shall furnish the City with original certificates and 2011-2012 CDBG-R Contract 3 - 2 ~ Page 9 of 20 amendatory endorsements affecting coverage required by Article I, section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this contract, including Indemnity. 11. Bonding Requirements. As stated in Section A(1)(w), prior to commencement of rehabilitation, Developer shall file with the City on the approved forms, the surety bonds in the amounts and for the purposes noted below. The surety must possess a minimum rating from A.M. Best Company of A-VII. and be listed as an acceptable surety on federal bonds by the United States Department of the Treasury. Developer shall pay all premiums and costs thereof and incidental thereto, as security for payment of persons named in California Civil Code Section 3181 or amounts due under Unemployment Insurance Code with respect to Work or Labor performed by any such claimant. All alterations, time extensions, extra and additional work, and other changes authorized by the Specifications, or any part of the Contract, maybe made without securing consent of the surety or sureties on the contract bonds. Each bond shall be signed by both Developer and the sureties. Should any surety or sureties be deemed unsatisfactory at any time by the City, notice will be given Developer to that effect, and Developer shall forthwith substitute a new surety or sureties satisfactory to the Developer. No fiirther payment shall be deemed due or will be made under the Contract until the new sureties qualify and are accepted by the City. i. A bid guarantee from each bidder equivalent to five percent of the bid ~~ price. The "bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as maybe required within the time specified. ii. A performance bond on the part of the developer for 100 percent of the contract price, as determined from the prices in the bid form, and shall insure the faithful performance by developer of all work under the Contract. It shall also insure the replacing of, or making acceptable, any defective materials or faulty workmanship. iii. A payment bond on the part of the contractor for 100 percent of the contract price, as determined from the prices in the bid form, and shall inure 2011-2012 CDBG-R Contract $-2a Page 10 of 20 to the benefit of persons performing labor or famishing materials in connection with the work of the proposed Contract. This bond shall be maintained in full force and effect until all work under the Contract is completed and accepted by the City, and until all claims for materials and labor have been paid. ARTICLE II. CITY OBLIGATIONS A. Compensation. Amounts. City shall reimburse Contractor for the costs it incurs for work performed under this contract not to exceed a maximum reimbursement of $17,000. Contractor shall not submit claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this contract. 2. Limitation. With regard to compensation stated in Article II, section A.1, above, Contractor may be reimbursed only to the extent and in the amounts that funds have been made available pursuant to applications for Federal assistance. No City funds in excess ofthose provided by the Federal government under such applications may be the source of reimbursement under this contract. 3. Compensation Schedule. City shall pay Contractor monthly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 4. Indirect Costs. If induect costs are charged, the Contractor will develop an indirect cost allocation plan for determining the appropriate Contractor share of administrative costs and shall submit such plan to the City for approval. 5. Expenditure Standard. To insure effective administration and performance of approved Community Development Block Grant projects and to meet HUD performance standards, Contractor shall demonstrate reasonable progress on implementation of the project, expending all contracted funds within the term of the contract. In the event all funds are not expended within the term period, the City shall notify the Contractor of the expenditure deficiency. Contractor will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Contractor agrees that the City may reallocate the amount of the expenditure deficiency. Contractor shall give priority to CDBG-R projects that can award contracts based on bids within 60 calendar days from the date the funds are made available to the Contractor. In 2011-2012 CDBG-R Contract 3_29 Page 11 of 20 accordance with the Recovery Act, HUD has imposed a grant period and expenditure deadline of September 30, 2012, to ensure that the use of CDBG-R funds is expedited. 6. Prohibited CDBG-R Expenditures. Certain specified activities and/or projects may not be funded with CDBG-R funds pursuant to the Recovery Act and this includes swimming pools, golf courses, zoos, aquaziums, and casinos or other gambling establishments. Other activities generally prohibited under regulations governing the regular CDBG program aze also prohibited under CDBG-R. This includes prohibitions on the construction of buildings for the general conduct of government, political activities, purchase of equipment, and operating and maintenance expenses. Other CDBG restrictions may also apply including bans on assistance to professional sports teams, recreational facilities that serve a predominantly higher income clientele, and general promotional activities for the grantee. 7. Buy American. In accordance with Section 1605 of the Recovery Act, City and its Contractor or subcontractors shall certify that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG-R funds under the Recovery Act must be produced in the United States. City shall monitor and certify that its sub-recipient's and/or subcontractor's invoices and purchase orders include the appropriate certificates of conformity for U.S. made iron, steel and manufactured goods. If the City or its Contractor or subcontractors cannot make the certification referenced above, it should produce evidence that HUD has waived the requirement or made a determination of inapplicability as allowed for under 2 CFR 176.170. ARTICLE III. ETHICS A. Financial Interests of Contractor 1. Disclosure Required. Contractor is required make the disclosures detailed in Attachment "C". Contractor may also be designated as a "Consultant" for the purposes of the Political Reform Act ("PRA") conflict of interest and disclosure provisions by the City, and shall report economic interests as required by the City to the City Clerk on the required Statement of Economic Interests ("SEI") in such reporting categories as required by the City or the City Attorney, thereby becoming an "FPPC filer." 2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Sub-recipient knows or has reason to know contractor has a financial interest other than the compensation promised by this contract. 3. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has 2011-2012 CDBG-R Contract 3-3~ Page 12 of 20 determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this contract. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this contract which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. 6. ~ecific Warranties Against Economic Interests. Contractor warrants, represents and agrees: (a) That neither Contractor, nor 's immediate family members, nor Contractor's employees or agents ("Contractors Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subj ect matter of Attachment A, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Attachment A, ("Prohibited Interest"), other than as listed on the SEI, if one was required. (b) That no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor's Associates in connection with Contractor's performance of this contract. Contractor promises to advise City of any such promise that maybe made during the term of this contract, or for twelve months thereafter. (c) That Contractor's Associates shall not acquire any such Prohibited Interest within the term of this contract, or for twelve months after the expiration of this contract, except with the written permission of City. (d) That Contractor may not conduct or solicit any business for any parry to this contract, or for any third party that may be in conflict with Contractor's responsibilities under this contract, except with the written permission of City. ARTICLE N. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. City shall not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and all injury to person, 2011-2012 CDBG-R Contract 3-31 Page li of20 including death and dismemberment, or property (real or personal), claims, deductibles, self- insured retentions, demands, liability, judgments, awazds, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this contract azising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent act, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Contractor shall have no obligation to defend or indemnify City from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. 2. Additional Requirement. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazazdous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazazdous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. The foregoing environmental indemnities shall survive the expiration or termination of the contract, any or any transfer of all or any portion of the Premises, or of any interest in this contract, and shall be governed by the laws of the State of California. 3. Costs of Defense and Awazd. Included in the obligations to defend indemnify and hold harmless, above, is the Contractor's obligation to defend, at Contractor' s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may 2011-2012 C:ll1iCi-K l;ontract 3-3 2 Page 14 of 20 be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Contractor obligations under Article IV shall not be limited by any prior or subsequent declaration by the Contractor. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section Article IV. 7. Survival. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this contract and shall be governed by the laws of the State of California. ARTICLE V. TERMINATION OF CONTRACT A. Termination for Convenience. Either party may terminate this contract after thirty days' written notice of intent to terminate has been given to the other party. However, no notice of termination given by Contractor shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. If the contract is terminated under this paragraph, all finished and unfinished documents and other materials described herein (including, but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City under this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the CDBG-R Program or the Project, but not to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation azising under this contract except as set forth herein. B. Automatic Termination. This contract shall terminate at the discretion of the City if the United States Government terminates the CDBG-R Program or the Project. City shall provide written notice to Contractor of the intent to terminate under such grounds. In that event, all finished and unfinished documents and other materials described herein (including but not limited to items discussed in Attachment "A") shall, at the option of the City, become City's sole and exclusive property. If the contract is terminated by City as provided in this pazagraph, Contractor shall be entitled to receive just and equitable compensation, in an amount based on available funds under the CDBG-R Program or the Project, but not in an amount to exceed that payable under this contract, for any satisfactory work completed to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation 2011-2012 CDBG-R Contract 3-33 Page IS of20 arising under this contract except as set forth herein. C. Termination of Contract for Cause. Contractor and City recognize that the City is the governmental entity that executed the grant agreement, received pursuant to the City's application, and that City is responsible for the proper performance of the Proj ect. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake, conduct or perform the Project identified in this contract, including any and all incorporations by reference and attachments hereto, or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Contractor violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Contractor of the effective date of termination. Even if City terminates the contract, Contractor shall remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this contract, and City may withhold any reimbursement payments from Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is deterrnined. Contractor hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. ARTICLE VI. RECORDS RETENTION AND ACCESS A. Records and Reports. The Contractor shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Contractor's project. All records of the Contractor related to this contract or work performed under the contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. B. Retention. The Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the contract for a period of five (5) yeazs. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the contract aze reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion ofthe actions and resolution of all issues, or the expiration of the five-yeaz period, whichever occurs later. C. Data. The Contractor shall maintain data demonstrating eligibility (low-moderate locations) for services provided. Such data shall include, but not be limited to exact location of the work performed, and a description of service provided. Such information shall be made available to City monitors or their designees for review upon request. D. Disclosure. The Contractor understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Contractor's responsibilities with respect to services provided under this contract, is prohibited by federal privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible pazent/guardian. E. Quarterly Reports/Annual Report. Contractor shall provide the City with a quarterly report, 2011-2012 CDBG-R Contract 3-34 Page 16 of 20 submitted no later than 7 days after the last day of the previous calendar quarter, in order to meet HUD's deadline for CDBG-R quarterly reports. HUD's due date forCDBG-R quarterly reports is 10 days after the end of each calendar quarter. In addition, HUD states that no later than 30 calendar days after the end of each calendar quarter, each agency that made Recovery Act funds available to any recipient shall make the information in reports submitted publicly available by posting the information on a website. HUD specifies that information must be submitted using HUD's IDIS system. As required by HUD, the CDBG-R quarterly report includes, but is not limited to, (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including the name of the projector activity; a description of the project or activity; an evaluation of the completion status of the project or activity; an estimate of the number of jobs created and the number of jobs retained by the project or activity; and for infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under the Recovery Act and name of the person to contact at the agency if there are concerns with the infrastructure investment. As declared by HUD, failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. Additional penalties by HUD and the County may be imposed, as deemed appropriate. F. Due Dates. 1. Quarterly Report due dates aze: on or before: July 7, October 7, January 7, and Apri17 2. Annual Reports aze due: July 15th and shall also be provided to be included in the City's Consolidated Annual Performance and Evaluation Report. ARTICLE VII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendaz days following Project completion or termination by City, Contractor agrees to submit a fmal certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Contractor agrees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwazds the fmal payment or acknowledges that the Contractor has remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the contractor any unmet requirements set forth in a written notification from City. 2011-2012 CDBG-R Contract 3-35 Page 17 of 20 ARTICLE VIII. MISCELLANEOUS PROVISIONS A. Contract Administration. The City Manager or designee, shall administer this contract on behalf of the City. The Chief Executive Officer of Family Health Centers of San Diego shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request, Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this contract. B. Term. The term of this contract shall start on the 1 s` day of July, 2011 and shall continue in effect until terminated as provided herein or until Contractor has carried out all its obligations under the contract. Services of the Contractor shall start on the 1 st day of July, 2011 and end on the 31st day of December of 2011. With City approval, the term of this contract and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG funds or other CDBG assets, including program income. C. Actions on Behalf of the City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this contract. D. No Obligations to Third Parties. In connection with the Project, Contractor agrees and shall require that it's agents, employees, subcontractors agree that the City shall not be responsible for any obligations or liabilities to any third parry, including its agents, employees, subcontractors, or other person or entity that is not a party to this contract. Notwithstanding that the City may have concurred in or approved any solicitation, subcontract, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. E. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this contract, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which aze incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this contract. F. Attorney's Fees. Should a dispute arising out of this contract result in litigation, it is agreed that the prevailing parry shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. G. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this contract, and that all resolutions or other actions have been taken so as to enable it to enter into this contract. 2011-2012 CDBG-R Contract 3-36 Page 18 of 20 H. Governing Law/Venue. This contract shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this contract shall be brought only in the federal or state courts located in San Diego County, State of Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this contract, and performance hereunder, shall be the City of Chula Vista. I. Audit Costs. Contractor shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the contract if Contractor is subsequently found to have violated the terms of the contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Contractor under this contract. J. Precedence. This contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This contract may not be modified except by written amendment executed by each party. K. Acknowledgement ofFunding. Contractor shall identify the City of Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcements that aze made regarding the Project. Acknowledgement of the City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Contractor agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any, the City would assume. L. No Waiver. No failure, inaction, neglect or delay by City in exercising any of its rights under this Contract shall operate as a waiver, forfeiture or abandonment of such rights or any other rights under this Contract. Notice. Any notice or notices required or permitted to be given pursuant to this contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: Contractor: City: Family Health Centers of San Diego City of Chula Vista Chief Executive Officer Housing Manager 823 Gateway Center Way 276 Fourth Avenue San Diego, CA 92102-4541 Chula Vista, CA 91910 (Signature page to follow.) 2011-2012 CDBG-R Contract 3-37 Page 19 of 20 SIGNATURE PAGE IN WITNESS WHEREOF, the Consultant and City have executed this contract as of the date first written above. CITY OF CHULA VISTA James D. Sandoval City Manager, City of Chula Vista APPROVED AS TO FORM Glen R. Googins City Attorney ATTEST Donna Norris City Clerk Family Health Centers of San Diego Executive Officer 2011-2012 CDBG-R Contrnct Page 20 of 20 3-38 ATTACHMENT A "SCOPE OF WORK AND BUDGET" 2011-2012 Family Health Centers of San Diego (SUBRECIPIENT) has a certain project to be implemented with Community Development Block Grant (CDBG) Program funds. The work to be accomplished includes the following: CDBG National Objective: Low Moderate Income Clientele A. Performance Measurement: Provide 260 Persons with improved public services as detailed below by Activity, Indicator and Outcome. These servies will be provided in compliance with the Family Health Centers of San Diego KidCare Express Mobile Unit Policies and Procedures Manual for Fiscal Yeaz 2011-2012. Activity (What the program does to fulfill its mission) Indicator (The direct products of program activities - Service Numbers) Outcome (Benefits that result from the program) 1. Between July 2011 and December Kidcare Express will Through the provision of 2011, FHCSD will provide primary provide primary health primary health care services, health care services to low to care services to 2601ow the following outcomes are moderate income medically income Chula Vista anticipated: underserved children and families in residents. 1. Improved access to health the City of Chula Vista through the care services. KidCare Express III Mobile Medical 2. Improved health outcomes Unit. for medically under-served 2. Provide primary health caze individuals who access that services to low to moderate income care. medically underserved children and families in the City through the KidCare Express III Mobile Medical Unit. B. Estimated Time Schedule: SUBRECIPIENT will make all good faith and reasonable efforts to fulfill the project by December 31, 2011, or earlier. C. Estimated Budget: SUBRECIPIENT shall make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, more than $17,000 for work performed under this Contract. The Estimated Budget shall be apportioned and expended in accordance with the table below: Ex ense Item Descri tion Estimated Bud et Licensed Vocational Nurse (LNV) $17,000 Total Cost $17,000 LULL-LU 1 L GLt3b-tt 1,0I1LTact Attachment "A" -Scope of Work and Budget 3-39 ATTACHMENT "B" °E Y i..`~r Family Slze'~~ ~ , ~ -.. ~'~ a 4r~',i `y .+~.~~~~p, ~; . ; Loinr ~ncome~l ~ u (80°lo~oT AMl);~ ,~ -. '4~.`Li~'$~a#;fi g rS ~ ,vY, rig, ?~ i . 1/ery low' Income t „x,. ~ ,;? (50°l0 of AMI) ;~ ~ .. .;' ,.., .Fj~'^st h.~ F"L ~'~`~ Extremely Low,lncome ~ ~'- (3q°lo ~of AIVII) 1 $ 46,150.00 $ 28,850.00 $ 17,300.00 2 $ 52,750.00 $ 33,000.00 $ 19,800.00 3 $ 59,350.00 $ 37,100.00 $ 22,250.00 4 $ 65,900.00 $ 41,200.00 $ 24,700.00 5 $ 71,200.00 $ 44,500.00 $ 26,700.00 6 $ 76,450.00 $ 47,800.00 $ 28,700.00 7 $ 81,750.00 $ 51,100.00 $ 30,650.00 8 $ 87,000.00 $ 54,400.00 $ 32,650.00 2011-2012 CDBG-R Agreement Attachment "B" -Income Limits Self Certification Statement 3-40 Self Certification Form - 2011 (effective 05/31/2011) CITY OF CHULA VISTA CDBG Program Information on annual family income and race is required to determine eligibility for public services funded with federal Community Development Block Grant (CDBG) funds. Each participant must indicate the number of persons in their household, and then CHECK THE BOX that contains the amount of annual family income. INCOME is defined as the total annual gross income of all family and non-family members 18+ years old living within the household. All sources of income must be counted from all persons in the household based on anticipated income expected within the next 12 months. Please check your Income Range (using Part 5) based on your Family Size (for example if there are 5 people in your household, go to HH of 5; if there are 8 or more in your household go to HH of HH of 1: ^ $0 - $17,300 ^ $17,301 - $28,850 ^ $28,851 - $46,150 ^ $46,151+ HH of 2: ^ $0 - $19,800 ^ $28,851 - $33,000 ^ $33,001 - $52,750 ^ $52,751+ HH of 3: ^ $0 - $22,250 ^ $33,001 - $37,100 ^ $37,101 - $59,350 ^ $59,351+ HH of 4: ^ $0 - $24,700 ^ $37,101 - $41,200 ^ $41,201 - $65,900 ^ $65,901+ HH of 5: ^ $0- $26,700 ^ $41,201 - $44,500 ^ $44,501 - $71,200 ^ $71,201+ HH of 6: ^ $0 - $28,700 ^ $44,501 - $47,800 ^ $47,801 - $76,450 ^ $76,451+ HH of 7: ^ $0 - $30,650 ^ $47,801 - $51,100 ^ $51,101 - $81,750 ^ $81,751+ HH of 8: ^ $0 - $32,650 ^ $51,100 - $54,400 ^ $54,401 - $87,000 ^ $87,001+ AMI Level ^ 30% ^ 31%-50% ^ 51%-80% ^ over 80% Please check your Ethnicity (pick 1 of 2): ^ Hispanic or ^Non-Hispanic Please check your Race (pick 1 of 10 choices): ^ White ^ Black or African American ^ Asian & White ^ American Indian or Alaskan Native ^ Native Hawaiian or Other Pacifc Islander ^ Other ^ Black/African American & White ^ American Indian/Alaskan Native & White ^ Asian ^ American Indian/Alaskan Native & Black Does your family have a FEMALE HEAD OF HOUSEHOLD? ^ Yes ^ No Program or Activity Dates of Participation APPLICANT STATEMENT: I hereby certify that the information on this form is accurate and complete. I understand that this self-certification may be subject to further verification by the agency providing services, the City of Chula Vista, the County of San Diego District Attorney, or the U.S. Department of Housing & Urban Development. I, therefore, authorize such verification, and I will provide supporting documents, if necessary. WARNING: Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the U.S. Government. Participant or Beneficiary Name (Please Print) Signature (Parent or Guardian, if participant is under 18 years old) Date 2011-2012 CDBG-R A~'eement 3 _4 ~ Attachment "B" -Income Limits Self Certification Statement RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $17,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO AN ELIGIBLE PROJECT; AND (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR THE MANAGEMENT AND IMPLEMENTATION OF AN ELIGIBLE CDBG-R PROJECT WITH FAMILY HEALTH CENTERS OF SAN DIEGO; AND (3) AUTHORIZING A REALLOCATION OF $17,000 CDBG-R FUNDING APPROPRIATED TO THE "FAMILY HEALTH CENTER OF SAN DIEGO CAPITAL IMPROVEMENT PROJECT" WHEREAS, on March 6, 2009, the U.S. Department of Housing and Urban Development (HUD) notified the City of Chula Vista that it is eligible to receive $536,132 of Community Development Block Grant funds under the American Recovery and Reinvestment Act ("ARRA"); and WHEREAS, on June 4, 2009, the City of Chula Vista entered into a grant agreement with the U.S. Department of Housing and Urban Development to implement CDBG-R eligible activities; and WHEREAS, the City must expend the CBDG-R funds in a manner consistent with the Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009 (FR-5309-N-O1); and WHEREAS, if the City desires to reallocate CDBG-R grant funds it must submit a substantial amendment to U.S. Department of Housing and Urban Development; and WHEREAS, staff is recommending reallocating $17,000 from Family Health Center of San Diego's Chula Vista Family Health Center Facility Improvement Project to the Kid Care Express Mobile Medical Unit; and WHEREAS, in compliance with HUD regulations, an Action Plan Amendment to reallocate CDBG-R funds requires a 7-day public review and comment period, which began on May 31, 2011, and ended on June 7, 2011 with no comments received; and 3-42 Resolution No. 2011- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby amend the 2008/2009 Annual Action Plan and authorizes the submission of the Amendment to the United States Department of Housing and Urban Development, authorizes the City Manager to execute an agreement for the management and implementation with Family Health Centers of San Diego for the Kid Care Express Program, and authorizes a reallocation of $17,000 to an eligible project. Presented by: Gary Halbert, P.E. AICP Assistance City Manager/ Development Services Director Approved as to form by: len R. Googins City Attorney 3-43